Full-Text Articles in Law

Physician Credentialing In Managed Care, Alan Bloom

Annals of Health Law

The managed care industry is increasingly using physician credentialing when seeking health care providers. The credentialing process must be conducted in a manner that meets the goals of the managed care program.

Legal And Policy Aspects Of Home Care Coverage, S. Mitchell Weitzman

Annals of Health Law

Home health care is a compassionate, cost-effective, and practical alternative for some individuals who require long-term or constant care. However, the coverage of home health care costs is far from comprehensive under the Medicare, Medicaid, and private pay systems. A uniform and comprehensive coverage system is necessary.

Antitrust In The Early 1990'S: Challenges To New Competitive Strategies, Alan P. Sherbrooke

Annals of Health Law

The early 1990's brought a number of cases that raise challenges to new competitive strategies. As health care providers seek to gain a competitive advantage, courts are being asked to review practices under antitrust laws.

Annals of Health Law

With the increasing spread of AIDS and HIV courts are confronted with the task of balancing the need of public disclosure of a healthcare worker's HIV status against that individual's right to privacy.

Annals of Health Law

Application Of The Medicare And Medicaid Anti-Kickback Statute To Business Arrangements Between Hospitals And Hospital-Based Physicians, Hugh E. Aaron

Annals of Health Law

Hospitals and hospital-based physicians enter into a variety of agreements. Given the recent advisory memorandum from the Inspector General of Health and Human Services and a recent administrative decision, these arrangements may violate the Medicare Anti-Kickback statute.

Screening And Treatment Of Newborns, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

With the advent of new genetic technologies and the Human Genome Initiative, interest in the problems posed by genetic diagnostics in general, and by genetic screening in particular, has surfaced. Many recent works focus on the problems posed by the "new genetics" in the contexts of prenatal diagnosis, carrier detection, employment, and insurance. In the midst of all this discussion, the routine testing of newborns for genetic disorders seems relatively uncomplicated and has, in fact, become "a part of common practice and accepted public policy with little thought having been given to the implications." The relative lack of concern about ...

Washington University Law Review

Cleveland State Law Review

Mental health law advocates and even scholars have typically been hostile toward, afraid of, or at best indifferent to, the mental health disciplines (mainly psychiatry and psychology) and their practitioners. Learning to be skeptical of supposed scientific expertise is an important lesson, and the law should never simply defer to psychiatry and the related disciplines. But to the extent that the legal system now ignores developments in the mental health disciplines, the lesson of healthy skepticism has been overlearned. It is my thesis, then, that those of us interested in 'justice" in mental health law ought not to adopt the ...

Journal Articles

Lead poisoning has become one of the most widespread and serious environmental diseases facing children in the United States. In response to the problem of childhood lead exposure, the Environmental Protection Agency (EPA) has promulgated expansive regulations to reduce drinking water lead levels. However, the regulations are not without significant gaps and shortfalls. Many improvements that the EPA requires need not be in place for years, and some households at risk of unsafe lead exposure receive no regulatory protection at all. One question that arises amidst these regulatory gaps is whether a plaintiff can hold a public water system liable ...

Bite Mark Evidence: Forensic Odontology And The Law, Steven Weigler

Health Matrix: The Journal of Law-Medicine

The Dialectics Of Change: The New York City Health And Hospitals Corporation At A Crossroad, Edna Wells Handy

Fordham Urban Law Journal

New York City Mayors have long struggled with what to do with the New York City Health and Hospital Corporation ("HHC"). HHC is neither a city agency nor a department; nor is it a true public benefit corporation or authority. Given recent problems faced by HHC, like the AIDS crisis, evaporating public funding, a shrinking pool from which to hire employees, the movement to make HHC more accountable and connected with city government has grown. This article argues that to fully take advantage of the potential that HHC has, the opposite should be done: HHC should be allowed to vest ...

Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson

Seattle University Law Review

This Comment argues that the Washington legislature should amend Washington law to allow the removal of life-support measures, including artificial nutrition and hydration, from an incompetent patient in a persistent vegetative state. The Comment further argues that rather than following the ambiguous Informed Consent Law, the legislature should adopt the procedure outlined in the first, unmodified Grant decision. Part II of this Comment examines the Cruzan decision by the United States Supreme Court, including the facts of the case, holding of the court, aftermath of the decision, and long-term effects of the case. Part II also includes an extensive analysis ...